Terms of use

Please read the following Terms of Use and know they are a legally binding document. We encourage you to review the contents carefully in their entirety and to seek legal counsel if you have any questions. Please note that your use of our WEBSITE constitutes your acceptance of these Terms of Use and your agreement to be bound by them.

Definitions:

“ONEPIXEL SAS” is a legal entity located at 49 Avenue d'Iéna, 75116 Paris, France and is the parent company to all subsidiaries of ONEPIXEL

“ONEPIXEL” – collectively means ONEPIXEL SAS, all associated subsidiaries, and websites including but not limited to www.onepixel.com

“CONTENT” means photos, images, vectors, moving images, animations, films, videos, audio visual works or other media together with all associated keywords, metadata and/or titles

“WEBSITE” means the service and https://www.onepixel.com/ and subsidiary websites

Overview

ONEPIXEL operates a global content licensing platform. ONEPIXEL’s customers pay a fee to license from its platform CONTENT submitted by contributors. Contributors get paid a commission every time their CONTENT is licensed.

Usage of this site

AS AN ABSOLUTE CONDITION OF YOUR USE OF THE ONEPIXEL.COM WEBSITE, PRODUCTS, AND/OR SERVICES YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT IS BETWEEN ONEPIXEL SAS. YOU, YOUR COMPANY, ORGANIZATION, AND YOUR CLIENT(S) IF USING THIS WEBSITE ON BEHALF OF YOUR CLIENT(S). WE RESERVE THE RIGHT TO UPDATE AND/OR CHANGE THIS AGREEMENT AT ANY TIME AND FOR ANY REASON WITHOUT FURTHER WRITTEN NOTICE. BY ACCESSING ANY SERVICE OR PART OF THE ONEPIXEL.COM WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Ownership

This WEBSITE is owned and operated by ONEPIXEL SAS. All images, video, audio, text, code, and WEBSITE related material, is owned by ONEPIXEL SAS and/or its affiliates and is protected by international copyright laws. Any unauthorized usage or possession of this material is strictly prohibited and must be destroyed immediately.

Authorized Use

The CONTENT downloaded by you, your company, organization, or on behalf of your client(s) is licensed by ONEPIXEL SAS according to the license agreement located at https://www.onepixel.com/license. The usage of the CONTENT or any intellectual property rights therein, is dependent on your acceptance of these Terms and Conditions and the license agreement listed above. ## Accounts

Before you upload or download any CONTENT from ONEPIXEL you need to first register for an account. By registering for an account, you warrant that you are at least 18 years old fully authorized to enter in and agree to be bound by these terms and conditions, and all applicable related agreements. You further agree to provide true and accurate information and to create a user name and password for your account that is secure using reasonable steps to prevent unauthorized persons or organizations from accessing your account information.

If you detect that your account information has been compromised you are to notify ONEPIXEL immediately. You may be liable for unauthorized activity, downloads, and/or payments. ONEPIXEL reserves the right to accept or reject your account.

It is strictly prohibited to use a ONEPIXEL account and WEBSITE for illegal, immoral, or hate driven, activity. In addition, you are prohibited to use your ONEPIXEL account, or WEBSITE in an effort to disrupt or destroy ONEPIXEL.

You may request to close or disable an account at any time and ONEPIXEL will use reasonable time and efforts to verify and execute the request. ONEPIXEL reserves the right to keep copies of all account activity archived on our servers. Disabled and closed accounts will only be accessible to ONEPIXEL staff and admin.

Parents and Guardians of minors under the age of 18 may register an account on ONEPIXEL on behalf of their child/minor if they agree to monitor all activity and assume all liability including but not limited to sales, downloads, copyright infringement, and applicable taxes. Children under the age of 18 may not use the ONEPIXEL WEBSITE unsupervised by a parent or legal guardian. If you believe a child or minor in your care has created an unauthorized account on the ONEPIXEL WEBSITE please contact support@onepixel.com to have the account removed.

ONEPIXEL reserves the right to close, delete, and/or disable your access to the website and account for any reason. If ONEPIXEL terminates your account, you must first acquire written approval before establishing another account.

Information collected

ONEPIXEL may collect information related to your use of our website and service provided directly by you or collected via technologies such as cookies, tags, scripts, etc. and transfer this information to third-party platforms acting as agents on our behalf. We use this information to collect statistical data and improve our service to users. ONEPIXEL will collect, use, and implement industry best practices to protect your information such as and not limited to your name, address, and email, browser used, ip address, pages viewed etc. according to our privacy policy located at https://www.onepixel.com/privacy. Under lawful requests, ONEPIXEL may be required to share personal data to local law enforcement or government authorities.

Media Content

ONEPIXEL respects the intellectual property rights of all artists. All CONTENT provided to ONEPIXEL is protected by copyright laws and remain with the copyright holder unless such media is proven to be within the public domain.

ONEPIXEL uses industry standard practices to protect all CONTENTfrom theft and fraud including and not limited to watermarks and embedded tracking technology. Watermarked CONTENT files should not be used for personal or commercial use other than approved “comp” usage. At no time should users remove a watermark. Notwithstanding the forgoing, ONEPIXEL may authorize some users access to non watermarked CONTENT files in accordance to the license and special “comping” agreements.

Sensitive Material

ONEPIXEL does not accept abusive, pornographic, or illegal media. However, some approved CONTENT files on the ONEPIXEL WEBSITE may contain offensive, sexual suggestive, and otherwise sensitive material. ONEPIXEL makes its best efforts to limit it from users who “opt out” of this material. Sensitive material may carry a higher fee for usage and/or limited usage according to the license agreement.

Child Protection Policy

ONEPIXEL will immediately reject and remove any CONTENT that depicts abusive or pornographic CONTENT of children in any way. Accounts containing abusive or pornographic CONTENT will immediately be removed. Submissions of such CONTENT will be reported to local law enforcement for investigation.

Model releases, Property releases, and Clearances

CONTENT acquired from ONEPIXEL may not have all the releases and clearances to any person, place, property, or subject matter contained within the CONTENT. You are solely responsible to determine if your usage of the CONTENT requires you to obtain these releases and or clearances. ONEPIXEL makes no representations or warranties that our artists or we have this information. Furthermore, we make no representation and guarantees that the information provided with the CONTENT is accurate.

If you believe your likeness, or property, is being used without your expressed written permission please contact legal@onepixel.com and we will promptly investigate the issue.

Licensing

ONEPIXEL provides ROYALTY-FREE CONTENT on conditions outlined in the Royalty Free License agreement located at https://www.onepixel.com/license. Royalty Free generally means that you pay only once to use the media for the duration of protection of the licensed intellectual property rights, with very few restrictions, and no additional fees.

Licensed CONTENT will have the watermark removed however, additional tracking technology may be embedded in the CONTENT to identify theft and misuse. In an effort to further protect our artists rights, we ask that you not display any CONTENT online larger than 1080 x 1080 pixels.

Limitations

You agree to not violate any laws or engage in conduct that infringes on the rights of ONEPIXEL or any third party. You agree to not engage in any activity that would deny users and ONEPIXEL access to the WEBSITE. Further, you agree to treat ONEPIXEL its officers, employees, partners, customers, and third parties with kindness (including rights of privacy and publicity), and not harass, abuse, stalk, or threaten others.

Refunds

Except when required by law, ONEPIXEL shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable. In the event that ONEPIXEL determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. If you reside in the European Union and you cancel your account within fourteen (14) days of making payment to ONEPIXEL SAS provided that you have not yet downloaded or licensed any CONTENT, ONEPIXEL will refund the payment made by you in connection with such cancelled account. To cancel your account, please contact Customer Service via support@onepixel.com

If you are unsatisfied with a piece of CONTENT that you downloaded or if you are having technical problems downloading CONTENT, you may contact support@onepixel.com to replace the download(s) with another piece of CONTENT within 7 days of the original date of download. You may be asked to sign a declaration stating that you have destroyed the original downloaded CONTENT before the replacement CONTENT is issued.

Please note that no refunds will be given on special promotions or discounts.

Trademarks and Intellectual Property

ONEPIXEL values the intellectual property of its trademarks, logo, service marks, trade names, Internet domain names or other intellectual property claimed now or in the future. Nothing in this agreement grants to you any rights to use the ONEPIXEL intellectual property without the written consent from a ONEPIXEL corporate officer. You agree to not use the ONEPIXEL trademarks in any manner that might put ONEPIXEL in a bad light or otherwise disparage ONEPIXEL. You agree to not challenge the validity of the ONEPIXEL Trademarks and/or intellectual property. You agree to not use the ONEPIXEL name, misspellings of the name, or any variant of the ONEPIXEL name as domain name, social media account or page, metatag, keywords, or programming code or data. You may not copy or imitate the ONEPIXEL WEBSITE including the page headers, graphics, layout, buttons, icons, scripts or other trade dress without the written consent of a ONEPIXEL corporate officer.

Infringement Claims

ONEPIXEL respects the legitimate intellectual property rights of all artists. If you believe your copyright or intellectual property rights are being violated by CONTENT provided by ONEPIXEL, you may notify ONEPIXEL SAS at legal@onepixel.com and we will act accordingly.

Jurisdiction

These Terms of Use shall be governed by and shall be construed in accordance with French law, without respect to its conflicts of laws principles.

Language

You agree and understand that ONEPIXEL may provide a translation of these Terms of Use and other legal agreements into additional languages for your convenience only and the English version of these agreements shall govern your relationship with ONEPIXEL. If there is a discrepancy between the English version of the agreement and the translated version the English version shall prevail.

Representations and Warranties

Your use of the WEBSITE is at your own risk. The WEBSITE is provided by ONEPIXEL SAS under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. ONEPIXEL SAS expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the WEBSITE, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, ONEPIXEL SAS makes no warranty that: (i) the WEBSITE will meet your requirements; (ii) access to the WEBSITE and service will be uninterrupted; (iii) the quality of the WEBSITE will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. ONEPIXEL SAS makes no representations or warranties that the WEBSITE will be permitted in your jurisdiction, that any of your CONTENT submitted by you will be available through the WEBSITE or will be stored by the WEBSITE, that the WEBSITE will meet your needs, or that ONEPIXEL will continue to support any particular feature of the WEBSITE. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the WEBSITE, and no warranties shall apply after such period.

Indemnification

Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with Onepixel, Onepixel SAS will defend, indemnify, and hold you harmless up to the applicable "Limit of Liability" set forth below. Such indemnification is solely limited to User’s direct damages arising from a third-party claim directly attributable to Onepixel SAS’s breach of the express warranties and representations made in Part III hereof, together with associated expenses (including reasonable attorneys’ fees). Indemnification is conditioned upon you notifying Onepixel SAS, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., the use of Content at issue, the name and contact information of the person and/or entity making the claim, copies of all correspondence received and/or sent in connection with the claim). The notification must be emailed to Onepixel at legal@onepixel.com, with a hard copy to Onepixel, 49 Avenue d'Iéna, 75116 Paris, France, Attention: General Counsel, via certified mail, return receipt requested; or ii) overnight courier, recipient’s signature required. Onepixel shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Onepixel in the defense of any such claim and shall have the right to participate in any litigation at your own expense. You agree that Onepixel is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Onepixel having a reasonable opportunity to analyze such claim’s validity.

Onepixel shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content.

Limits of Liability: Onepixel’s total maximum aggregate obligation and liability (the "Limit of Liability") arising out of each shall be 10,000€ Euros.

If you have questions about the foregoing, please contact Customer Support via support@onepixel.com

You agree to indemnify and hold Onepixel, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Content other than the uses expressly permitted by this license agreement. You further agree to indemnify Onepixel for all costs and expenses that Onepixel incurs in the event that you breach any of the terms of this or any other agreement with Onepixel.

Mediation

When contracting as a consumer, all actions, controversies and disputes arising from or relating to these terms of use may be heard and decided by a mediator as provided by Article L.612-1 of the French Consumer Code.

Miscellaneous

In the event that these terms and conditions shall create a conflict with any license agreement obtained from ONEPIXEL, the terms of such license agreement shall prevail.

Last update: July 9th, 2018.